Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-03-17
THE TEMPERANCE law
The Temperance Bin Passed by the
Legislature.

The following is the full text Of the new
temperance bill passed by the Legislature:
Re Il enacted oy the Legislature Of the State OF
RdRsds:
Section 1. That section of chapter 1913 OF the
laws OF 1881, as amended by section ] OF
chapter 149 of the laws OF 1885. be
-Amended so as to read as follows: Section 2 It
shall be unlawful for any person or persons to
sell, barter, for medical. scientific mechan-
zc1l purposes, any malt. vinous, spurious, fer
mented or other intoxicating liquors. without
first having procured druggist permit
therefor from the probate judge OF the county
wherein such druggist may be doing business at
the time; and such probate judge is hereby au-
thorized, in his discretion, to grant q druggist
permit for the period of one year, to any person
OF good moral character who is registered
pharmacist under the law of this State, and
lawfully and in good faith engaged in the bust
ness of druggist in his county, and who In ms
Judgment, can be entrusted with the response
bility of selling said liquors for the purposes
aforesaid, in the manner hereinafter provided,
and said judge may at any time in his discretion
revoke such permit. In order to obtain drug
8ist permit under this act The applicant shall
file in the office of the probate judge OF the
county wherein he is doing business, not less
than thirty days prior to the hearing thereof,
petition signed by the applicant and twenty
i've reputable frceholders having the quail
aications of electors and twenty-five reputable
women over twenty years of age, OF the
township, city of third class or ward OF any city
wherein such business Is located, setting forth:
First, the city or township and the particular
place therein where such business is located,
ana that the applicant is person of good moral
character and does not use intoxicating liquors
0s a beverage and can be entrusted with the
responsibility of selling the same: second. that
said applicant is pharmacist as aforesaid, and
is lawfully and in good faith engaged personally
IN the business OF druggist the proprietor
Whereof, at the place designated in the petition,
and well versed in his profession; third, that
said applicant has, in his said business, exodus
i've of Intoxicating liquors and fixtures, STOCK
OF drugs If in any city, of the value of at least
81 900, and If elsewhere of the value OF at least
$780, Before any such petition shall be heard,
any permit issued to such applicant, he shall
publish for at least thirty days next prior there
to a notice published in some newspaper in the
township city whore such business is located
or If none be published therein, then in
soEle paper of general circulation there
IN, stating the time and place set by
such judge for the hearing of such
petition. The applicant shall be required to
prove the truthfulness OF each and every state
nnent contained in such petition, and the county
attorney Of such county shall, and any other
'cittDen of the county may. appear and cross
'exaznine the witnesses of the applicant, and
may introduce evidence in rebuttal of the evil
dence offered by the applicant. If satisfied
that the signatures to such petition were Signed
by such persons, and that such petitioners are
citizens OF such township. city or ward, and
that the statements in said petition are all true,
the probate judge may in his discretion grant a
permit to the applicant to sell Intoxicating
liquors for medical, mechanical and scientific
purposes only, and such permit shall be re-
corded upon the journal of the probate court,
and a certified copy thereof shall be posted in u
conspicuous place in the store wherein said bust
ness is carried on before il shall be OF any valid
ity. Before such permit shall be of any validity
such druggist shall file with the probate Judge,
70 DE approved by him, good and sufficient
bond to the State OF Kansas. in the sum of 81 600
conditioned, that such applicant and any one
IN his employ will neither use, sell, barter,
or give away any intoxicating liquors IN
violation 'of the law, and on violation of
the provisions OF said bond the same
shall thereby become forfeited and the
conviction of such pharmacist or any in
AIS employ shall be deemed prima facie evl-
stHzce of such violation. Any applicant or any
citizen feeling himself aggrieved by the decision
OF the probate Judge, may within ten days there
after upon filing a bond made payable to the
-SzEHs OF Kansas, in the sum of $50, TO be APP
proved by the probate judge, conditioned that
Pc Will prosecute the cause to its speedy de-
and pay the costs occasioned BY
such appeal if the order of the probate judge
shall be sustained, prosecute the cause upon
appeal or error to the district court. The pro-
cedure in any case taken on error to the district
court from the order of the probate judge, shall
e as prescribed by article . of the code of civil
procedure, so far as applicable and case or bill
OF exceptions may be made. signed and certi-
.Tided. If the district court shall find that the
probate judge has abused his discretion, it shall
have power to cause the probate judge to COM
ply with its Judgment otherwise the order of
the probate judge shall be by the district court
saffimed. No appeal shall be allowed from the
order of the district court. If the order of the
probate judge shall be reversed the costs shall
soe paid by the county. III at any time
there shall be fled with the probate
Judge petition stating that any
druggist, naming him, who has a permit to sell
Intoxicating liquors, is not in good faith con-
corning to the provisions OF this act, or the act
to which this is amendatory and supplemental,
verified by the affidavit of at least one of the pc
-SitboDers hereinafter named, and signed by
twenty-five reputable men and twenty-five
reputable women, all OF whom reside in the
township, city or ward in which the business of
sSnch druggist is carried -oA requesting that the
permit of such druggist be cancelled, the pro-
bate judge shall immediately issue an order cit
ing such druggist to appear before him on a day
named not more than thirty days from the is
suing OF such order, ut which time the question
of the cancellation OF such permit shall be con-
ssidered. Such examination shall DO conducted
IN the same manner in all respects as is herein
provided for the hearing of the original petition
for granting such permit, and such probate
Judge SHALL if there are reasonable grounds for
believing that such druggist is not in good faith
carrying out all the provisions of this act or the
act TO which this is amendatory, cancel such
permit. An appeal may be had from the
decision off such probate judge, to
tie district court as herein provided
for appeals from the application
|, for permit: Provided, The permit of such drug
k,ist shall be imperative till such appeal is
finally decided: Provided further, This shall
not prevent the probate judge from canoeing
any permit at any time on his own motion or
otherwise. II any probate judge shall issue
permit to any person not registered as q phar-
macist, or shall knowingly grant the same to
any person in the habit of becoming Intoxicated,
or not in good faith engaged I'm the business of
a druggist as proprietor thereof. he shall be
deemed guilty OF misdemeanor. and upon con-
viction shall be punished by fine of not less
than $500 nor more than 81 GOO, and If anybody
shall sign the petition as provided herein OF any
applicant known by such person to be In the
habit of becoming Intoxicated, or not In good